Example Cases Harassment and stalking (Appendix B)
Example cases of harassment
15.1 In addition to the stated cases the following provide some examples
of what can be deemed harassment and what may not. Please remember
to endorse storm why the report would not meet the principle for
recording harassment.
15.2 Example 1 – disagreement over manner of driving
AGGRIEVED WHILST RIDING HORSE ALONG BUSY LANE WAS SHOUTED
AT BY MALE ON BOARD MOTOR VEHICLE. OFFENDER REVVED UP AS HE
WENT PAST AND THEN STOPPED THE CAR AND GOT OUT AND VERBAL
ALTERCATION OCCURED BETWEEN THE TWO PARTIES WHEREBY THE
OFFENDER SWORE AND MADE OFF IN MOTOR VEHICLE REVVING
ENGINE LEAVING AGGRIEVED ALARMED AND DISTRESSED
Incidents such as this, where there is a disagreement about the manner of
someone’s driving, occur frequently. Few are reported to the police but
where they are, and the incident amounts to no more than an argument
between two road users, advice should be given but they should not be
recorded as offences of harassment or first instance of harassment.
15.3 Example 2 - Neighbour dispute
OFFENDER DURING HOURS OF DARKNESS ENTERED INTO VERBAL
ARGUMENT WITH NEXT DOOR NEIGHBOUR. OFFENDER SHOUTED AND
SWORE IN PUBLIC PLACE. INFORMANT TELEPHONED POLICE. THE
POLICE ATTENDED AND OFFENDER ARRESTED.
This appears to be simply a neighbour dispute and could quite properly be
dealt with by calming down the situation and giving advice to the parties
involved. If, however, this becomes a regular occurrence a problem
solving approach should be adopted e.g. which may involve arresting one
or both parties for a breach of the peace and a bind over being sought at
the magistrates’ court or if one party has been caused alarm due to
particular aspect of behaviour and evidence exists to support this then a
public order offence may be appropriate.
15.4 Example 3 – Domestic Situation
OFFENDER BEING EX PARTNER OF AGGRIEVED CONTACTED HER ON
SEVERAL OCCASIONS MAKING THREATS TO PUBLISH NUDE
PHOTOGRAPH OF AGGRIEVED ON INTERNET IF AGGRIEVED DID NOT
ENTER BACK INTO A RELATIONSHIP WITH OFFENDER. OFFENDER ALSO
SENT MESSAGE STATING YOU’LL PAY FOR WHAT YOU HAVE DONE. THIS
CAUSED AGGRIEVED TO FEEL ALARM AND DISTRESS
Again, in this example the threats have occurred on a number of occasions
and the circumstances are such that the offender must know his conduct
amounts to harassment. Therefore this offence is complete.
15.5 Example 4 – Domestic Situation
MALE OFFENDER WHO IS THE FORMER PARTNER OF THE AGGRIEVED
OVER A PERIOD OF TIME AND ON SEVERAL OCCASIONS MADE VERBAL
THREATS CAUSING HARASSMENT TO THE AGGRIEVED. WAS WARNED
UNDER THE HARASSMENT ACT BUT CONTINUED THIS COURSE OF
ACTION BY MAKING A FURTHER TELEPHONE CALL
The threats in this example have occurred on a number of previous
occasions and the offender must be aware he is harassing the victim
therefore this offence is complete.
15.6 Example 5 – Unwarranted attention
UNKNOWN OFFENDER APPROACHED AGGRIEVED’S DESK IN BUSY
OFFICE IN BUSINESS PREMISES OUTSIDE CITY CENTRE ON SEVERAL
OCCASIONS LEFT CARDS WITH SEXUAL CONTENT AND OTHER ITEMS
SUCH AS CONDOMS AND KNICKERS ADDRESSED TO AGGRIEVED TO
FIND ON HER RETURN TO WORK. OFFENDER HAS ALSO APPROACHED
AGGRIEVED’S CAR PARKED A SHORT DISTANCE FROM PLACE OF WORK
AND PLACED RED ROSE ON AGGRIEVED’S WINDSCREEN TO BE FOUND
ON HER RETURN
The offender in this example may be trying to start up a relationship with
the aggrieved. His actions may appear clumsy and alarming to some
people but it is not clear that the offender is aware that his actions
amount to harassment. We would need to make sure that he is aware
that his actions amount to harassment and issue a warning; as the, knows
or ought to know aspect of the offence may not be complete, therefore no
harassment.
15.7 Examples of Harassment from CPS (2013)
Case 1 - Section 2A charge
A woman walks past a man as she leaves work and recognises him as an old
work colleague. He stops her and says hello and states that he is just visiting
some old colleagues. Two days later the woman sees the same man standing
outside her house for ten minutes, hiding behind the hedge but runs off when
she approaches him. The woman's friend is visiting and says that she passed
a strange man sitting in a car outside her house. The woman states that this
might be someone she used to work with. She explains that she bumped in to
him at work a couple of weeks ago and since then has seen him 4 or 5 times
standing outside her house in the evening and watching her. The woman has
become nervous and anxious and begins resorting to locking up all the
windows and doors and keeps on checking a number of times. The friend
suggests he may be living close by but the woman says she is sure he moved
away from the area years ago. The woman says that the man has been
watching her all the time and is making her feel anxious.
In this case a section 2A charge is appropriate as there is a course of
conduct, the course of conduct has a number of features of stalking, and
although the victim is troubled by the conduct, this falls short of serious alarm
or distress.
Case 2 - section 4A charge
A young woman had had a brief relationship with a man some years her
senior who she had met through a dating agency. When she terminated the
liaison by text message, he refused to accept her decision. He repeatedly
telephoned her, stating that they were destined to be together and insisting
she should marry him. He sent hundreds of e-mails at her work and personal
email accounts. He kept turning up at her door and began following her to
work. He contacted her family to announce their engagement. When she still
refused to have anything to do with him, his tone shifted and he wrote to her,
stating that, if he could not have her, no-one would. As a result of his
behaviour the victim moved out of her address, changed her mobile
telephone number and moved to another job.
In this case a section 4A charge is appropriate as there is a course of conduct
which causes the victim "serious alarm or distress" and the defendant's
behaviour has a substantial adverse effect on the day-to-day activities of the
victim.
Case 3 - section 4A charge
The executive of a bank began receiving e-mails from a woman who
appeared to hold him responsible for the failure of her business, the matter
relating to a refusal to give a loan two years previously. Her tone was hostile.
Over a period of months, her e-mails became more threatening in tone, and
she demanded not only financial recompense, but a public apology. She
started sending e-mails to his seniors and to clients of the bank, claiming
negligence, then persecution and conspiracy. She set up a web-site,
dedicated to her cause, containing inflammatory statements about the bank
employee. His home address was published on the web-site with an
exhortation that others should use it to write and protest on her behalf. The
effect of the woman's behaviours caused serious distress to the extent that
the victim went on stress leave and was prescribed medication.
In this case a section 4A charge is appropriate as there is a course of conduct
which causes the victim "serious alarm or distress" and the defendant's
behaviour has a substantial adverse effect on the day-to-day activities of the
victim.